Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-12
JUDICIAL CHANGES PROPOSED.

Constitutional revolutions should be
promoted only when great necessity leaves
the people no other choice. Unsettlement
of the organic act is to be deprecated, for
out of the stability of our fundamental
laws, and the non-liability of change
in statutes, grows respect for the laws.
But it may be accepted that we are to soon
enter upon another constitutional revolu-
tion-not an upheaval, but a patchwork
change of the fundamental law. The
want of symmetry in the Constitution of
1879 was made apparent with the earliest
effort to erect legislation upon it. Its dis
proportion 10 the needs Of the State have
creaking machinery has been operated.
We have already several times voted
upon amendments to it, with more or less
improvement. In time we will be able to
whip it into form proportionate to the
requirements of our civilization. With
all its ills, it has merits, and many of them,
for its projection was in some respects in a
right direction, despite its radical defects and
vain Over-reaching. So far as it relates to
the judicial branch of the Government, it
is confessed to be weak, faulty and in abso
Lutte need of reformation. Some of the
Judicial experiments it attempted have
completely failed. 1t certainly has low
cred the standard of the Superior bench,
and we take it that no well-informed MEM
Der of the bar, speaking with frankness,
will attempt to deny this proposition,
since it is notorious that the changes it
effected have not stimulated legal minds of
the best order, as a rule, 10 aspire to Judi
cial honors in that direction. OF course,
TO this, as to all experimental rules there
are exceptions, but the Superior bench has
not generally commanded either the
ability or respect which character
lied the old District bench. Probably it
will improve, however, and in time this
branch of judicial service will attain
rank commensurate with its importance to
our system, but, so far as the Supreme
Court is concerned, it is evident that there
must he speedy reformation.
The Bar Association of San Francisco
has outlined reforms and has presented
them to the Legislature 1t is understood
that these reforms have the approval of
the present justices, who, better than
Others, are able to Judge of the defects o.
the Judicial system. 1t is proposed that
the bench shall, as now, consists of seven
members, hut instead of the people elect
ing Chief Justice, he shall be chosen by
the Judges from among themselves.
Two justices in either department may
render u 'gmeut; at present the concur
renee of three is necessary. This pro-
vision it is believed Will enable the busi-
ness of the Court to be more expeditiously
transacted, by dividing the labor. The
Supreme Court Comm s,ion is to be
recognized N the Constitution, and thus
remove all the doubts now involving its
existence. 1t is to continue for four years
and is to have all the powers possessed
by department, but no judicial functions
are to be conferred upon Commissioner
except when sitting in the Commission.
At present the Commissioners are little
more than Secretaries to the Court, and all
their acts must be reviewed and approved
by the Court. The proposed change is a
greatly needed one. The term of office is
to remain as now, but some change is
provided for the allotment of short and
long term. 1t is specified that when five
of the Justices certify to the Governor
that any one of the Justices has become
permanently disqualified mentally or
physically, the Office shall become vacant,
and the incompetent Justice shall be re-
tired on a salary of $3.50 month for the
remainder of his term. This is also a
wise provision, and is in the direction Of
inyit ng the best talent to the bench, by
assurance OF support for the full term for
which elected. At present no method is
provided for removing an incompetent
Justice. In filling vacancies the Governor
is to appoint for the remainder of the un-
expired term, not as now, until the next
General election. This is right suggestion
and will enable the Governor to induce
better men to abandon private practice
and ELL vacancies 1t is finally proposed
to amend the law so as to increase the
salaries of the Justices from $1,000 to slO,-
600 year, and to allow the Commissioners
a like salary for the four years the Com
mission is to be continued. Coming down
to the Superior Judges, the Association
advises that their salaries be increased
from $4,000 to $4,000, and that In Gan
Francisco, Alameda, San Joaquin, Los
Angeles, Santa Clara, Yuba and Suffer-
Sacramento, Butte, Nevada and Sonoma